What to do if I filed an OSHA report on my previous employer and am still an employee in their system but my boss filed a criminal trespass warning against me so I can’t pick up my last paycheck?

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What to do if I filed an OSHA report on my previous employer and am still an employee in their system but my boss filed a criminal trespass warning against me so I can’t pick up my last paycheck?

I then filed a whistleblower’s complaint against the company and my boss decided to call my second job and file a false complaint about me involved with purchasing illegal drugs. I can prove I wasn’t at the location at the time the complaint was filed. Is there anything I can do to defend myself or get compensated for the stress that has been caused by the harassment?

Asked on September 19, 2015 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have a couple of different remedies... but the fact that you have filed an OSHA whistleblower complaint is a good start.  You need to follow through with any requirements to perfect that complaint.
You also have two other claims that you may want to consider filing as a private action.  The first is to file a suit for defamation since he is making untrue statements with intent to hurt your character and affect you financially.  The second claim is a suit for interference with contractual relationship.  Even though you are an at-will employee in Texas, you are still contracting with your employer for a wage... and your other employer is intentionally interferencing that relationship.  These two causes of action can be included in the same law suit.  As you begin the process of filing the complaint, you can also ask the court to issue a restraining order against the manager-to prohibit him from making any more comments.


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